Navigating the Philippine judicial system can be complex, especially when attempting to verify the existence of legal proceedings. Whether for employment background checks, visa applications, or personal due diligence, understanding the specific mechanisms for case verification is essential.
In the Philippines, there is no single, unified online database accessible to the public that contains all pending cases across all courts. Instead, the process involves coordinating with various government agencies and specific court branches.
1. National Bureau of Investigation (NBI) Clearance
The NBI Clearance is the most comprehensive tool for checking criminal records nationwide. It indicates whether an individual has "hits" or existing records in the NBI’s database, which includes filed criminal cases and warrants of arrest.
- Scope: Criminal cases only.
- Procedure: Applications are generally done online via the NBI Clearance website, followed by an in-person appointment for biometrics and photo capture.
- The "Hit" Process: If a name matches a record in the database, the release of the clearance is delayed (usually by 5–10 days) to allow for a manual verification of the case status.
2. Philippine National Police (PNP) Clearance
While similar to the NBI, a PNP Police Clearance specifically checks records within the police database. This is often required for local identification or employment.
- Scope: Criminal records, specifically focused on arrests and active warrants.
- Procedure: Individuals must apply through the National Police Clearance System (NPCS) online and visit a designated police station for verification.
3. Verification through the Courts
Because the NBI and PNP systems primarily track criminal matters, civil cases (such as collection of sums of money, nullity of marriage, or land disputes) must be checked directly through the judiciary.
Office of the Clerk of Court (OCC)
Each city or municipality has a Regional Trial Court (RTC) and a Metropolitan/Municipal Trial Court (MeTC/MTC). The Office of the Clerk of Court maintains a general docket of all cases filed within that specific jurisdiction.
- Procedure: You must physically visit the OCC of the city where you suspect a case might be filed.
- Requirements: Usually, a written request or a formal "Clearance" application is required, along with a small processing fee.
- Limitation: This search is location-specific. A clearance from the Quezon City RTC will not show cases filed in Makati City.
The Court of Appeals and Supreme Court
For cases that have been appealed, one must check with the Judicial Records Office of the Court of Appeals (CA) or the Supreme Court (SC). Both institutions have public information desks or dockets that can be queried for specific case titles or parties.
4. Sandiganbayan and Ombudsman
For cases involving public officials or graft and corruption (violating R.A. 3019), clearances must be secured from:
- The Sandiganbayan: The special repository for cases involving public officers.
- The Office of the Ombudsman: Provides "Ombudsman Clearance," verifying if an individual has pending administrative or criminal investigations related to their conduct in public office.
Summary Table: Where to Check
| Type of Case | Primary Agency/Office | Scope |
|---|---|---|
| Criminal (Nationwide) | NBI | Filed cases and warrants. |
| Criminal (Local) | PNP / Local Police | Arrest records and local warrants. |
| Civil (Local) | RTC / MTC Clerk of Court | Lawsuits, family court cases, etc. |
| Graft/Corruption | Sandiganbayan / Ombudsman | Cases against public officials. |
| Appealed Cases | Court of Appeals / Supreme Court | Cases under higher review. |
Key Legal Considerations
- Data Privacy Act of 2012: Accessing records of third parties can be restricted. While court hearings are generally public, obtaining a formal certificate of "No Pending Case" for someone else usually requires a Special Power of Attorney (SPA) or a valid legal interest.
- Pending vs. Terminated: A "hit" in a system doesn't always mean a person is guilty. It may refer to a case that was already dismissed but not yet updated in the database. In such instances, the individual must provide a Certified True Copy of the Court Order or Decision showing the case's disposition to clear their record.
- Online Presence: Some courts have integrated the e-Court system, but this is largely for internal management. Public access to case statuses online remains limited to specific high-level courts (like the Supreme Court's "Third Division" summaries or the CA's case portal).